# 2024-033 Releases, Progress Review Board, Release - Conduct/Performance

Case summary

F&R Date: 2024-10-30

The grievor contested his removal from the Basic Military Officer Qualification (BMOQ) course and his compulsory release from the Canadian Armed Forces (CAF). After having been the subject of many performance reviews and having appeared before two formal Progress Review Boards in the same year in relation to behaviour deemed improper, the grievor was ordered to be released by the Commandant of the Canadian Forces Leadership and Recruit School (CFLRS) under item 5(d)—not advantageously employable— of the table to article 15.01 of the Queen's Regulations and Orders for the Canadian Forces. Before his release, the grievor submitted harassment complaints against four members of his chain of command (CoC) and a civilian employee of the Case Administration Cell (CAC). In his complaints, the grievor stated that he had been the victim of reprisals and harassment from the beginning of his military career. He maintained that these experiences caused a significant loss of trust in his CoC and a feeling of worthlessness, which he considers as factors explaining his inappropriate behaviour during the BMOQ course. As redress, the grievor requested his reintegration into the CAF, his immediate graduation from the BMOQ course and a guarantee against all reprisals for his potential return. 

The Commander, Canadian Forces Base Borden, acting as Initial Authority (IA), found that the grievor had been treated fairly and refused to grant the redress requested. In his decision, the IA said that the processes had been respected and that the performance reports appropriately documented the grievor's improper behaviour. The IA also stated that the grievor's release was justified owing to his inability to adapt to military life and meet the requirements of his position. Although the IA acknowledged that the harassment complaints had not been taken into account in the release decision, he found that the information in the grievor's file fully justified the outcome. 

The Committee concluded that the grievor had not been aggrieved and recommended that the Final Authority not grant redress to the grievor. In its decision, the Committee said that the grievor had broken the rules several times during his training, including during some serious incidents. The Joining Instructions for the BMOQ course clearly emphasize the importance of respecting the values and ethos of the CAF, and the grievor was reminded about these requirements on several occasions during his time at the CFLRS. The Committee pointed out that in-depth external investigations had been carried out, at the end of which the harassment complaints against the four members had been deemed unfounded. Although the complaint against the civilian employee of the CAC was founded, the grievor continued to not meet the expectations of his training and demonstrated further unacceptable behaviour. On several occasions, the grievor expressed a desire to correct his mistakes, but his constant justifications instead revealed a tendency to want to avoid responsibility for his acts, as well as significant resistance to authority. As a result, the Committee found that the decision to order the grievor's release under item 5(d) was justified, given the grievor's inability to meet the standards of instruction despite several opportunities to overcome his difficulties.